Archive for the 'HINDRAF' Category

Since a two month old baby right up to my Form five, I was brought up in Tumpat, Kelantan. As teenagers, we prayed and played at the Sri Maha Mariaman Hindu Temple in Tumpat, Kelantan which was built by the then colonial days Railway working class Indians.

This Hindu temple is in a 99.99% Malay Muslim dominated population and ruled by PAS. During my last visit to this temple two years ago I was told that there are only two Indian families left in Tumpat. But our Hinldu temple stands right up to this day on the very main road leading into Tumpat town. I nostalgically showed my wife and children the Hindu temple which I grew up with. It is still the history and heritage of Kelantan right up to this date. This our Hindu temple could now be demolished or asked to be relocated as it is in a 99.99% Malay Muslim area or to be moved out of the state of Kelantan as it is in a “Serambi Mekah” State. I believe it would not even have crossed PAS’ Kelantan Menteri Besar Nik Aziz’s mind. This is religious co-existence in practice in 99% Malay Muslim PAS ruled Kelantan. The biggest sleeping Buddha in the world is not in Thailand, Cambodia Sri Lanka or India where Buddhism originated from but it is in Kg. Neting, Tumpat Kelantan.

In multi racial and multi religious Malaysia it should be religious coexistence as opposed to religious tolerance. Then we wont get the case of the UMNO majority and dominant area like in Section 19 and 22 of Shah Alam objecting to hindu temple because it is a Malay Muslim dominated area and the cow head protest by the religious extremist who were never arrested on sight and who would never be seriously prosecuted by the Attorney General in Prime Minister Najib Razak’s One Malaysia. And so the racism and religious extremism continues in Malaysia. In fact they had the support of even UMNO’s Home Minister Hishamuddin Hussein who had justified their actions. To both the UMNO controlled Federal government and the PKR controlled Selangor state government and the other P.R ruled West Coast states you both have something to learn from PAS ruled Kelantan.

By the stroke of the pen vide a circular by Prime Minister Najib Razak, the PKR Selangor Menteri Besar the other P.R ruled Menteri Besars and Chief Minister, all existing Hindu temples could be issued with land titles and gazetted as Hindu temple reserves as is the case even in the 99% Malay reserve land State of Kelantan. This would put a stop and a finality to this new, unprecedented and unnecessary racial and religious division and tension in Malaysian.

Similarly this should also be done for all Hindu crematoriums Tamil Schools and Indian settlements like Kg. Buah Pala. This would actually solve half the Indian working class problems once and for all.

But in both the aforesaid UMNO, PKR in Selangor and the other West coast P.R ruled states, they are merely playing puppet shadow play (wayang kulit) politics using their Indian “mandores” via the print and electronic media by empty (kosong) announcements of the odd land for Hindu Temples, Tamil Schools and Crematoriums here and there and amplifying them as in the Malay proverb “Ayam telur sebiji rioh sekampong”. These State governments who wield almost absolute powers where it concerns their State land also do not issue a State government letter on the aforesaid odd land that they announce, issue land titles or gazette these Hindu temples, Tamil schools and Hindu crematoriums accordingly. Thus the current predicament of the working class Indians, the latest being in Kg. Buah Pala and Section 19 and 22, Shah Alam which is merely the tip of the iceberg of the Malaysian Indian working class critical problems.

Only in Malaysia and especially in the name of development, the first targets are Hindu temples, Hindu crematoriums Tamil schools and the poor Indian land settlers. We have recorded thousands of such cases. These problems hardly happens in the Malay, Chinese, Orang Asli, Iban or Kadazan communities in Malaysia. It happens almost only to the working class Indians. Why? But BN, PKR, DAP, PAS, NGOs’ and the Malaysian civil society all proclaim to be “multi-racial and multi-religious”.

All because the working class Indians have neither the political power or the economic clout and what follows is there are no takers for these critical Indian problems by almost all UMNO, PKR, DAP and PAS (except in Kelantan) NGOs’ and the Malaysian civil society.

HINDRAF is appalled by LGE’s continued political drama to see thru injustice for the residents in Kg Buah Pala. Although, he claims and acknowledges that there was fraudulent transaction, yet he blackmails the residents by producing a building plan with unreasonable conditions on August 6, 2009 to comply with it within one day for families that has lived on or about 200 years in the same land.

Why are you sanctioning a fraud when you should have acquired the land and returned what is rightfully belonging to the residents of Kg Buah Pala instead of making a deal and short changing them?

If you look at his press conference read out by his mandore Prof Ramasamy, it is nothing but gloating about the achievement of DAP and condemnation of the fraudulent transaction started by the UMNO led BN and gladly completed by the current government.

If LGE can talk so much about the fraudulent transaction, what did he do about it? He sat by and watched it be completed. When did he appoint an investigation committee to address the transaction when he was well aware of this fraudulent transaction even before he came into the power? Yes, it did not happen until the 1st week of July 2009 and what was the result of the investigation committee as nothing has been revealed so far.

Was he really serious in assisting those residents with the investigating committee or it just another political game?

Many legal avenues were available for him to pursue the fraudulent transfer of the land starting from March 8, 2008, yet he sat on it hoping that it will pass by for poor and defenceless Kg Buah Pala residents who are insignificant for him as opposed to the Developers and the rich and mighty.

Section 340(2) of the NLC clearly spells out:
The title or interest of any such person or body shall not be indefeasible
(a) in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
(b) where registration was obtained by forgery, or by means of an insufficient or void instrument; or
(c) where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.

Now show us the public what efforts had you undertaken to challenge the fraudulent land transfer other than clamouring that it was KSK’s fraudulent act and you can’t do anything about it. Doesn’t the law provide for such acts? Well you are the CM, you have the power and authority to challenge the transaction yet you positioned yourself with developers against those poor and defenceless Kg Buah Pala residents.

Nowhere does it exist in law that fraud is acceptable, when you yourself claim it is a fraudulent transaction. Is this the example you are setting for the rakyat?

In total you have just sanctioned fraud and acted just like another corrupted UMNO led BN government that is only interested in their own individual welfare as opposed to the public benefit.

Don’t even talk about the so-called $150 million compensation. Let HINDRAF enlighten you, the land was sold for RM3.2 Million and now you claim it is worth RM150 million. That means the price has rocketed to 2,343.75%. That even beats the property hike price of some high-end properties in New York and London before even construction had began. This can only happen in the BOLEHLAND.

Where is the logic that a RM10 per square feet increases by 2,343.75% in 15 months since the project was launched? Mind you if all the land was utilized notwithstanding the basic amenities such as community hall, tennis court, tadika, administration office, clinic, landscape and so forth. Then I guess the price is even higher per square foot.

LGE is definitely sounding like a broken record because we all know the malfeasances and that is why the rakyat elected you to power.

Unfortunately it is very clear that you play the same game that BN plays by blaming everything on BN without addressing the real issue being your inaction and your inability to initiate an action for the fraudulent land transfer against public benefit.

You admit fraud was committed, and then what did you do about it other than playing politics with the residents of Kg Buah Pala at the 11th hour when you have been in power for the last 17 months to initiate proceedings for the fraudulent land transfer.

The latest proposal that you put forward to the residents on behalf of the Developer is so ludicrous.

You think that you have negotiated the best deal for the residents with a gun onto their head. HINDRAF is totally disappointed with your continues drama that only appears to be that you are actually the mouthpiece for the Developer rather than the plight of the Kg Buah Pala residents. Is it reasonable, just and fair that, within one day 41 families needs to make a decision, uproot and move on the unreasonable conditions of the Developer? People at least have choice to make, but what happens to all the innocent animals, sent to the slaughterhouse?

HINDRAF feels LGE is a CM for the Developer and their mouthpiece and not one who has been transparent at least in his dealings with the Kg Buah Pala issue for reasons known best to himself.

HINDRAF feels this is clear hypocrisy on the part of the DAP led Pakatan government in Penang for their lack of political will to safeguard the interest of their citizenry in Kg Buah Pala.

HINDRAF cries with those Kg Buah Pala residents who have been deceived and blackmailed to be deprived from their ancestral homes for a simple reason that with the change and the promises given to them, they had faith in you and your government blindly on the basis of trust that you would be just and fair for the truth in this matter.

Lately, there have been many skeptism and criticism on the path of HINDRAF with the formation of the Human Right Party Malaysia by P. Uthayakumar.

Hindraf would like to state it would stay independent and apolitical to continue its battle for the voiceless and marginalised segment of the community and to champion their cause. Our goal from the beginning has been to highlight the plight of the neglected Indian community so that the ruling government will make constructive and concrete efforts to allow them to participate in the socio- development of the nation with equality and fairness.

Hindraf to-date have not swayed from its original goals and will continue addressing the issues of the neglected ones without any fear or favour. The confusion and skeptism amongst the public is created and fuelled to split the awareness on the fate of those marginalised segment of the population for each politician’s own agenda.

Hindraf will continue to operate as an organisation along with its current coordinators throughout Malaysia and internationally in carrying out its activities with the original objective for the marginalised community.

Hindraf would however support the Indian Political empowerment plan devised by Uthayakumar during his 514 days in detention under the ISA and would render its assistance where possible.

Hindraf reiterates, it will raise and question issues whether it is Umno-led BN, Pakatan and even the newly formed HRP if moral chaos permeates where these politicians continue to fail to uphold their governance in a fairly and just manner for the poor and undefended.

Our recent stand on the Kg Buah Pala issue in Penang will speak of our stand on truth and justice even if it means ending our friendship with the DAP led- government in Penang.

To the Hindraf supporters and well-wishers, I thank you all for your continuous support to recognise that we are a movement of conscience for the common future that we want to create in Malaysia for all of us.

HINDRAF have obtained reliable information from members of the public including sympathisers from the Malay Community that the underworld “3 Line and Mat Rempit ” gang are mobilising a large number of superbikers into Kamunting on Saturday, June 13, 2009 to “teach” the Indians a lesson as a result of the racial clash that sparked on June 8, 2009.

HINDRAF wishes to stress that we do not condone to any form of violence let it be from the Indians, Malays or any race for the matter.

The racial attacks in Kamunting on June 8, 2009 and the ongoing unrelated, unprovoked attacks on innocent Malaysian Indians in Kamunting are being perpetrated by outsiders in gangs of superbikes believed to be members of the underworld Malay “3 Line and Mat Rempit” gangs.

Over the last 2 days Indians in groups (in Kamunting) of more than 3 are told to disperse by the police or face arrest but they seem to deliberately ignore the large groups of the underworld superbikers who are patrolling and intimidating the Malaysian Indian folks in Kamunting.

A Hindu Temple namely the Madurai Veeran Temple in Batu 4, Kamunting was also torched by members of these underworld and Police is yet to investigate the report lodged by members of the said Temple.

The impartiality of the Royal Malaysian Police Force is questionable as they are fully aware of these gangs’ activities in arousing racial clashes in Kamunting and it appears that they are colluding with these gangsters in continuing their activities for motives only known to them.

HINDRAF calls upon the IGP to act in accordance to the oath he had taken in providing protection to all citizens of the country and prevent Kamunting from turning into another Kg. Medan massacre that took place from 8/3/2001 to 23/3/2001 (15 days in a row without any interference from the Police Force to restore law and order) where hundreds were seriously injured and 6 lives were lost.

We call upon the IGP to take a pragmatic and realistic approach particularly in mobilizing his men on 13th June 2009 to prevent any untoward incident planned by the underworld gangs which could lead to unnecessary cost to innocent lives.

There has to be more patrols and protection to the people of Kamunting and those culprits who have been attacking innocent people over the last four days must be arrested immediately and charged in Court, failing which the confidence of the people in the Royal Malaysian Police Force would be eroded further.

This, is my fellow Malaysians is the truth whether you like it or not.

Let’s look at race diversity. The BN-led government has 14 coalition partners while PR has three coalition partners. What is this other than about race being represented by their own segment of people in Malaysia?

Lately, a bunch of Indian parties mushroomed ie MINDRAF and MMSP. If we take a good look at them, it still all boils down to race.

The political reality in Malaysia is that the nation is not prepared to drop race-based politics though sadly many may not agree with this view especially those still living in self denial.

Well, if the opposition is really one united party, then have they really moved into that direction? PAS should then drop its Islamic state agenda and see all citizens as Malaysians and open up its party to all races. And if DAP is purportedly a multi-national party similar to Keadilan, then why don’t they both merge as one and form a strong political opposition with PAS to seek a Malaysian agenda?

Are they in unity in the opposition ready to embrace and accept that that they could amend the Federal Constitution to scrap Article 153 which provides special privileges for the Malays and commit to the principles of equality among citizens as stated in Article 8?

Not a chance. The end justifies the means when political survival is at stake. Though the idea of Malaysians moving away from race-based politics have been much debated by all segments, we are still crawling at a snail’s pace in the process.

I ask myself why do Pakatan supporters who moot the idea of moving away from race-based politics still criticize and condemn the slightest suggestion of formation of any other race-based political party when they themselves have failed to urge their own leaders to discard the race-based set-up and merge and amalgamate into ONE MALAYSIAN RACE party.

I really wonder if it is possible for LKS, DSAI and Nik Aziz to all sit and preside in that one common noble party? Can you imagine at their annual party AGM, LKS offers to stand as President and his candidacy is backed by Nik Aziz who is willing to make LKS his boss? The ugly truth is, they can’t. And we shouldn’t be fooling ourselves in hope that this is possible in Malaysia – at least at this juncture.

Now, let’s talk about the Indians pre- and post-HINDRAF. Pre-HINDRAF, the Indians were the unsung heroes of BN as 80% would loyally vote for the ruling government no matter how badly they were treated.

Post-Hindraf, the Indians woke up from a 52-year slumber and became aware of the regression and repression of this segment of the society due to the discriminative nature of the government and their mandors.

HINDRAF stood tall against all odds challenging the government again and again on their repressive methods and threw their support to the PAKATAN alliance. The spirit and vigor shown by the HINDRAF supporters for PAKATAN was without fear or favor and largely united to seek a change for better governance.

Never in the history of Malaysian elections did the opposition get such volumes of voluntary canvassers to campaign on their behalf. PAS leaders were impressed by how the HINDRAF Indian supporters, who had always looked at them with suspicion, embraced PAS and went out in their green PAS T-shirts and flags campaigning. A blind vote was given to Pakatan leaders just to teach UMNO a lesson on what minority votes (who were always vilified for their insignificance) meant. For once the Indians voted in BULK, under the guidance of HINDRAF, and created the great impact on March 8, 2008.

Having seen the power of the BULK VOTE, there are some ambitious “Indian leaders” who took advantage of the situation by appearing to champion the cause of Hindraf and Indians. The reality is that these parties would die a natural death as they don’t command the confidence of the Indian voters.

When I say Bulk vote, I mean the downtrodden, lower income group who form the bulk of the Indian voters.

In the current scenario, do the Indian leaders in PAKATAN command the confidence of these Indian voters? Put all the Indian MPs together and ask them to hold a meeting for the future of Indians in the country and hardly 10 would turn up. The Indians know they are not adequately represented within Pakatan. They are also uncomfortable with leaders within Pakatan because these leaders do not correctly understand their problems let alone resolve them. These voters need change; not moral and political sermons.

There is no point attacking the Indians of being racist and not seeing the larger national agenda of change when leaders within Pakatan themselves know pretty well that their setup is definitely still race-based.

If the Pakatan leaders continuously deny this reality, they are facing a great danger of losing the Indian support. UMNO is already working hard, cracking their heads on how to win over these BULK VOTES. So what has PAKATAN been doing to keep them or is it in the illusion that they will automatically vote for them in the next election?

After almost 1½ years after the GE, the Indians are speaking up against the four (4) Pakatan states for not doing enough for the Indian community. When they speak out, they get a barrage of criticisms from commenters who accuse the Indians of being impatient and racist.

What is surprising is that despite the onslaught by UMNO, MCA and Gerakan on Pakatan not doing enough for the Malays and Chinese in these states, the Chinese and Malays in these states do not complain. Why? The answer is simple – the Pakatan leaders make sure these races are taken care of.

It would appear that Pakatan is actually committing similar mistakes of BN – neglecting the Indians. If and when one or two bold Keadilan leaders raise concerns, they are accused of being racist and ungrateful – and that they could not have won without the Malay and Chinese support. Well, back to square one. It’s the attitude problem of Keadilan leaders which is gravely unhealthy – living in self denial.

I too, like many Malaysians, wish to see Pakatan take over the helm of the country in the 13th GE. But they can’t achieve that goal without the assistance and cooperation of the BULK Indian voters. I urge Pakatan leaders not to live in self-denial and to acknowledge their shortcomings. Do not commit the same mistake that UMNO did. The Indians do not expect much; just give them a fair and just deal in small businesses, state scholarships, licences, acquire school land sitting on private owners and convert it into a fully-aided school. Be transparent in what you do for the community and stop behaving like another UMNO.

Indian problems are not Indian problems per se but it’s a national problem. Stop the UMNO attitude of pushing Indian matters to Indian representatives. Most Indian representatives within Keadilan are unable to come down to the ground to understand the Bulk Voters problem and therefore are unable to command their votes.

HINDRAF leadership has to make a firm and committed stand on whether they want their supporters to drift back to BN out of no choice or they wish to hold on to their voters.

The current reality is, the bulk of Indian voters will only rally behind one of the Hindraf 5 leaders. This leader, having shown his relentless attitude towards his captors and his commitment to remain behind bars for the sake of justice for his minority community is undeniable. Hindraf’s exiled leader has repeatedly said he would not convert the organisation into a political party. Hindraf furthermore, is a banned movement. What other choice does HINDRAF has to ensure their supporters’ interests are taken care of?

Pakatan Leaders seem reluctant to openly invite them into their fold for reasons only they understand.

For once, the bulk of Indians are united and consolidated under HINDRAF’s umbrella as they truly feel their leaders will champion their cause without all the melodrama of the other parties. It would be a strategy of resurgence. These voters need to be ushered into a setup where they are comfortable with an altruistic leader.

It would be in the best interests of the Malaysian Indians if the most recognized face of Hindraf forms a political party to consolidate all Indian voters and join the Pakatan coalition as a brother-at-arms and work in a concerted effort to get rid of BN in the 13th GE.

Needless to say, I am sure Pakatan leaders would be more comfortable with this form of arrangement to hold on to the Indian bulk voters. Even UMNO realized this fact and made a pact with MMSP. But too late did they realise they recruited the wrong guys.

To all Pakatan leaders out there, if you are really eager to govern in the next term, I urge you to immediately put to plan to work with the inevitable emergence of a HINDRAF as a prospective political figure.

Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.
MCPX

Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.

But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.

Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.

My left foot

On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.

Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.

No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.

By the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.

The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.

But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.

Surviving on bread and biscuits

On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.

I immediately lodged a police report. But again nothing happened as usual. But had it been the other way round – the victimisation a Malay Muslim – a different set of rules would be applied by Umno.

But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.

Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.

In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.

My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.

It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.

All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.

I miss my freedom

I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.

But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.

Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.

Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.

I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people – the pent-up pain and suffering, misery and heartache – that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.

Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.

Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.

Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.

Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most – the ballot box.